Basic Terms:
– After completion of the plaintiff’s case, the defendant may file a motion for directed verdict: now that we’ve heard all of the evidence the plaintiff has to offer, it is plain that the plaintiff has not shown a sufficient basis for holding defendant responsible under the law. Look at the motion in the most favorable light to the non-moving party.
– Bench trail – trail without a jury. (most tort cases are tried with jurys)
– Remanded – when a trail court sends back a trail
– Compensatory/actual damages – pain, suffering, medical bills etc (amount of money that the jury found would compensate him for his loss).
– exemplary damages/punitive damages – amount of money awarded in addition to actual damages to make an example of what was done to prevent people from doing it in the future.
– A Judgment NOV – A judgment entered for one party even though a jury verdict has been rendered for the opposing party. you do not have to retry the case. Judge is being asked to judge that no reasonable jury could have found on this evidence that the defendant is responsible for damages so therefore enter a judgment in my favor.
– Common law – judge made law judges had to decide disputes between parties based on customs, usage etc. Created this body of rules. It started in England and was brought over here
o Tort law is a prime example of common law. The legislator can affect common law though. Common torts (battery, assault, negligence, etc) is judge made law, but the legislature can change these laws
– Diversity complaint – in the federal system the trail court is normally the US District Court. Unlike state courts, federal courts are not courts of general jurisdiction (you can’t bring any claim) you have to plead the basis of jurisdiction. Diversity is the basis of jurisdiction in this case and is used when the defendant and plaintiff are from different states.
– motion to dismiss granted to the defendant – viewing the facts and evidence in the light most favorable to the plaintiff, the defendant is entitled to a judgment as a matter of law cause this plaintiff consented.
– Violation of Statute – Talking about Breach of duty (element number 2 in negligence) happens when you act in a substandard manor. Violation occurs when a legislative body enacts a statute.
– Statute – A law created by a legislative body (in state it would be state legislature)
– Ordinance – a smaller subdivision of government, usually cities or counties, passed by the legislative body of municipality and the ordinance only applies in that particular locale.
– Summary Judgment – A judgment granted on a claim or defense about which there is no genuine issue of material fact and upon which the movant is entitled to prevail as a matter of law. No need for a trail. This is after all of the facts have been heard.
– Partial Summary Judgment – A summary judgment that is limited to certain issues in the case and that disposes of only a portion of the whole case.
– Plaintiff’s Intestate: a description of her husband who was killed who died without a will. If he had a will it would have been a testator.
– Propondence of the evidence- more likely than not51% Plaintiff bears the burden of showing the evidence
– Defendant – same as appellee
– Plaintiff – same as appellant
– interlocutory appeal – appeal from a judgment or order that hasn’t disposed of the whole case. You have to petition the appeal for interlocutory appeal, courts usually don’t like doing this. The order that the plaintiff sought here that the defendants should be joint and severally liable did not dispose of the case, he petitioned the appellate court to grant interlocutory appeal so that if it goes back to trail it will be tried the correct way. Piner case p. 150
Trail Organization:
– Plaintiff initiat
apply and they retire, deliberate and return with a verdict. At this point the winner moves for judgment on the verdict and the disappointed litigant can move for judgment notwithstanding the verdict (there is only one reasonable and correct outcome and thus seeks a dispositive judgment in the movant’s favor) or for a new trial.
I. INTENTIONAL HARMS TO PERSONS & PROPERTY
A. Introduction
1. Intent: Desiring or seeking a certain result or consequence, or with knowledge that it is substantially certain that the event will occur. (Versus in Negligence it doesn’t matter what you intended, just what is foreseeable).
2. Definition of Tort: A civil wrong, other than a Breach of contract, for which the law provides a remedy. But you can commit a criminal act such as shooting someone and there would be a criminal action but she would also have a tort action.
3. Don’t forget CAUSATION
4. P can only recover if the D intentionally invaded the specific interest that is protected by the tort.
– In all Tort Actions there are two parts
o Whether or not the defendant is liable (Did the defendant commit the tort that you are talking about)
o Damages (you have to have damages or else you do not have a tort) In some of the tort cases (trespass to land etc) there are only nominal damages (a sum awarded when a legal injury is suffered, but there is no substantial loss or injury to be compensated) Others need actual damages (amount awarded to P to compensate for a proven injury or loss)
